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S. H. KRESS & CO. v. FINE

25 Misc.2d 500 (1960)

S. H. Kress and Company, Plaintiff, v. Jacob A. Fine et al., Defendants.

Supreme Court, Special Term, New York County.

April 22, 1960.

Attorney(s) appearing for the Case

Sydney J. Schwartz for The LPN 1st Ave. Corp. and another, defendants. Jules E. Perlman for Jacob A. Fine, defendant. Hughes, Hubbard, Blair & Reed (John C. Fonatine of counsel), for plaintiff.

WILLIAM C. HECHT, JR., J.

Defendant Neustein moves for dismissal of each cause of action for legal insufficiency. The complaint contains six causes of action. The fifth and sixth have been discontinued. Only the third and fourth causes are asserted against the moving defendant.

Plaintiff and defendant The LPN 1st Ave. Corp. are the landlord and tenant, respectively. The lease contains a provision as...

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